Building a Trial Notebook the Paralegal Way Dana Ducote Montye Holmes, CP Hirsch & Westheimer, P.C. 1415 Louisiana, 36th FL Houston, TX 77002

TYPE 1: Trial Notebook from inception of case (chronological)

Live pleadings (petitions and answers) Docket control sheet Disclosure responses Discovery responses Deposition summaries List of key documents

TYPE 2: True Trial NotebooK

Attorney Trial Outlines Voir Dire Questions Jury Seating Chart Opening Statement Closing Statement Jury Charge

Plaintiff’s Pre-Trial Documents Plaintiff’s Exhibit List Plaintiff’s Witness List Plaintiff’s Motion in Limine Plaintiff’s Proposed Jury Charge Plaintiff’s Designation of Deposition Excerpts Plaintiff’s Designation of Expert Witnesses

Defendant’s Pre-Trial Documents Defendant’s Exhibit List Defendant’s Witness List Defendant’s Motion in Limine Defendant’s Proposed Jury Charge Defendant’s Designation of Deposition Excerpts Defendant’s Designation of Expert Witnesses

Pleadings and Orders Docket Control Order Live pleadings (petition and answer) Docket Control Order Court’s Trial Preparation Order

Plaintiff’s Discovery Responses Disclosure responses Interrogatory answers Production responses Admissions Defendant’s Discovery Responses (Same)

Plaintiff’s Answers to Defendant’s First Set of Interrogatories Plaintiff’s Answers to Defendant’s Second Set of Interrogatories Plaintiff’s Responses to First Request for Admissions Plaintiff’s Responses to Second Request for Admissions

Evidence Closing Argument Jury Charge Exhibit list/Exhibits Witness list/Witnesses Potential questions for each witness Deposition transcripts/summaries/excerpts Closing Argument Jury Charge

TYPE 3: LARGER CASES or cases WITH MULTIPLE PARTIES MIGHT NEED Separate NotebooKs for pleadings, discovery, exhibits, trial outlines/jury

Separate “trial notebook” Extensive cases Plaintiff’s notebook Defendant’s notebook Separate “trial notebook” Pre-trial Order Docket Control Order Witness lists Exhibit lists Jury section

Multiple parties might have a separate live pleadings notebook Plaintiff’s petition Plaintiff’s answer to counterclaim Defendant 1’s answer Defendant 2’s answer Defendant 3’s answer and counterclaim

Discovery Responses Notebook Plaintiff’s disclosure responses Plaintiff’s answers to interrogatories Plaintiff’s responses to requests for production Plaintiff’s responses to requests for admissions Separate section for each defendant’s discovery responses

Deposition notebook Each deposition taken (condensed version, copied front and back) Summary of the deposition with issues identified when possible Deposition excerpts

Exhibit notebook Your own exhibit list with a copy of each exhibit behind separate tabs OR Exhibits in file folders in a box (marked with Exhibit number and copied for each party, the witness, the judge, and the court reporter)

Exhibit list should have columns for Exhibit number Description of the exhibit Bates number Offered into evidence Objection (if any) Admitted

Other sections that can be included in both a litigation trial notebook and a chronological trial notebook: Task list/deadline chart Contact list Order of proof Research/case law

Order of Proof Outline Witnesses Issue Exhibit

Jury Section of Trial Notebook Jury Seating Chart

Jury Section of Trial Notebook Jury Seating Chart Voir Dire Questions Jury Instructions Jury Charge Verdict Form

TYPE 4: ELECTRONIC Trial NotebooK

Electronic Trial Notebook Trial software Use your existing computer system to gather your key documents in one place, in addition to how they were produced

Questions?